The police can fly a plane over your house and look down to see whether you are growing marijuana in your backyard. California v. Ciraolo, 476 U.S. 207 (1986). But can the police fly a plane over everyone’s house, all the time, and record everything visible from the sky? This isn’t a law school hypothetical.
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News Roundup
Diners at a Washington D.C. pizza restaurant, Comet Ping Pong, were terrified Sunday when a North Carolina man, Edgar M. Welch of Salisbury, entered the restaurant and fired a rifle in an effort to “self investigate” an online story known as “Pizzagate.” Keep reading for more details about this bizarre incident and for more news of the week.
Confinement as Part of a Deferral or Conditional Discharge
May probation pursuant to a deferred prosecution or conditional discharge include incarceration?
At an Impasse Again
Twenty-five years ago the North Carolina Supreme Court departed from national standards on attorney-client decision-making and gave clients greater control over the direction of their case, including trial strategy and tactics. Since then, the North Carolina courts have sorted through various matters on which attorneys and clients have disagreed. A recent decision, State v. Ward (Nov. 1, 2016), applies and perhaps expands one of the exceptions to client control over the case.
Expert Testimony about Eyewitness Identification
This post addresses three recurrent issues concerning eyewitness identification:
- When, if at all, is expert testimony about eyewitness identification admissible?
- When, if at all, is an indigent defendant entitled to funds with which to hire an expert on eyewitness identification?
- May jury instructions, rather than expert testimony, be used to inform the jury about factors relevant to the accuracy of an eyewitness identification?
News Roundup
As the Charlotte Observer reports, Mecklenburg District Attorney Andrew Murray announced Wednesday that the officer who fatally shot Keith Lamont Scott earlier this year lawfully used deadly force and will not face criminal charges. Murray explained that a CMPD and SBI investigation into the shooting indicated that Scott was armed with a handgun during the deadly confrontation with officers and ignored commands to drop the weapon. According to another report by the Observer, protestors marched from CMPD headquarters to the city center following the announcement; speakers at the protest called for increased police transparency. Keep reading for more news.
Fourth Circuit Affirms Doe v. Cooper
The United States Court of Appeals for the Fourth Circuit issued its opinion in Doe v. Cooper yesterday. A unanimous panel of the court affirmed a decision from Middle District of North Carolina finding two parts of G.S. 14-208.18—North Carolina’s premises restrictions for certain sex offenders—unconstitutional.
Sexual Activity as a Confidential Marital Communication
Is having sex with your spouse “communication”? The court of appeals addressed this issue in State v. Godbey, a child sexual abuse case. The victim alleged that the defendant engaged in specific, unusual sexual acts with her. The court considered whether the defendant’s wife could be compelled to testify that the defendant engaged in similar acts with her, or whether those acts were covered by the confidential marital communication privilege.
Five Things I’m Thankful For
Today’s post is the last for the week since the School of Government is closed Thursday and Friday for the Thanksgiving holiday. In honor of the occasion, I want to recognize five criminal-law-related institutions, programs, and people for which I am particularly grateful.
Recent North Carolina Case on Lack of Reasonable Suspicion to Make Vehicle Stop
Although reasonable suspicion requires less evidence than probable cause and often is not a difficult standard for an officer to satisfy to make an investigative stop, the standard requires an articulation of facts that is more than a mere hunch or suspicion. An example of the latter is last week’s North Carolina Court of Appeals opinion in State v. Watson (November 15, 2016), which ruled that an officer lacked reasonable suspicion to make a vehicle stop for illegal drugs. This post discusses the reasonable suspicion standard as applied in this case.